Arbitration Clauses in Fee Agreements
July 6, 2015
Arbitration clauses in fee agreements have been used by many Texas lawyers. This article will discuss the state of the law regarding the validity…
Resources
Our Resource Center includes our TLI Top Tips, articles, and links to other third party resources to assist our members with their loss prevention and best practices efforts.
News, Articles, & Top Tips
Article
Article
Texas Supreme Court upholds arbitration clause in legal malpractice claim
July 1, 2015
Texas Supreme Court has upheld an arbitration clause in a fee contract, overturning a decision by the Corpus Christi court of appeals. We’ll post an…
Article
Can You Ever Reveal Client Secrets? Even If They Are Posted Online?
June 29, 2015
A recent proposed California ethics opinion discusses a number of scenarios in which client confidentiality may be involved. Of course, matters subject to attorney-client…
Article
Innocent Partner Protection Doesn’t Apply to Insurance Application Misrepresentations
June 26, 2015
Failure to report potential claims in an insurance application can result in a useless legal malpractice insurance policy. In Focus on Full and Accurate…
Article
Avoiding Trouble as Replacement Counsel
June 24, 2015
When lawyers take over a case from another lawyer, there may be good reasons why the new lawyer is a better choice to take…
Article
What To Do If Something Goes Wrong
May 20, 2015
When a lawyer makes a mistake or is accused of making one, the initial reactions can affect the lawyer’s ability to defend or resolve…
Article
Time Management is Money: Beat the Clock & Save
May 20, 2015
One of the most frequent contributors to legal malpractice claims is rushed or forgotten work. A good scheduling system only goes so far toward…
Article
Scheduling Errors and Legal Malpractice
May 20, 2015
Scheduling errors are the root cause of many legal malpractice claims. It is common to think of scheduling errors as just missed deadlines, but…
Article
The Relationship Between Legal Fees and Legal Malpractice
May 20, 2015
Fees have a complex relationship with legal malpractice. While definitive statistics regarding the impact of legal fees on legal malpractice are not available, TLI…
Article
Preventing Fee Problems: A Preventative Approach
May 20, 2015
Fee disputes with clients lead to a number of problems. Legal malpractice claims are often filed when clients are dissatisfied with fees. If a…
Article
Marking Up: When Can You Do It, And How?
May 20, 2015
Texas Ethics Opinion No. 577, issued in March 2007 and published in the October 2007 Texas Bar Journal, addresses when and how a law…
Article
The Importance of Fee Issues
May 20, 2015
Percentage of Americans who agree that lawyers are more interested in making money than in serving their clients: 69% Public Perception of Lawyers: Consumer…
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Recent Texas Ethics Opinions On Contingent Fees, Non-Refundable Retainers
May 20, 2015
By Jett Hanna Two recent Texas Ethics Opinions from the Professional Ethics Committee for the State Bar of Texas may change how lawyers structure…
Article
When Twice Is Not Nice: Defending Your Own Work
May 20, 2015
Repeat clients are usually appreciated, but in some situations you may want to reconsider. If the work you are called upon to perform for…
Article
What is a Conflict?
May 20, 2015
The following is a brief, limited review of the law of conflicts of interest in Texas. Should you have a question about a particular…
Article
Conflict Avoidance Systems
May 20, 2015
Conflicts of interest are the “silent killers” of legal malpractice. A 1999 ABA study of legal malpractice claims indicates that conflict of interest was…
Article
Texas Ethics Opinion 557: Clients Considering Malpractice Claims Against You
May 20, 2015
The Professional Ethics Opinions Committee for the State Bar of Texas recently adopted an opinion addressing the ethical obligations and options for a lawyer…
Article
Legal Research of Conflicts of Interest
May 20, 2015
Most lawyers know that the rules of ethics are a critical component of conflicts research. The Texas Disciplinary Rules of Professional Conduct can be…
Article
The Truth About Conflict Waivers
May 20, 2015
The term “conflict waiver” enters the vocabulary of many lawyers very early in their career. There is often a form for such waivers developed…
Article
Client Compatibility: Screening and (Sometimes) Firing Clients
May 20, 2015
The compatibility of clients with their lawyers is an important factor in assuring quality legal services and avoiding malpractice claims. A client who does…
Article
Breaking Up Is Hard To Do: Problems in Ending Attorney Client Relationships
May 20, 2015
Attorney client relationship usually end on civil terms, but not always. This article looks at some of the ethical and malpractice issues involved in…
Books & Helpful Links
The following books and links reflect resources that we believe offer important content on Texas legal malpractice and ethics issues. We are always looking for new resources. If you have suggestions for additional sites or know that one of our sources is outdated, please contact us.
Texas Lawyers’ Assistance Program
A confidential resource that helps attorneys, judges, and law students find solutions for dealing with substance use and mental health issues and provides resources for incorporating a healthier lifestyle.
State Bar Ethics Resources
The Bar has ethics resources. The ethics hotline can provide answers to certain ethical questions. Call (800)532-3947 for more information.
University of Houston Texas Ethics Reporter
This site includes Texas Disciplinary Rules of Conduct and Procedure, as well as Ethics Opinions, and includes prior versions of the rules.
The Texas Center for Legal Ethics and Professionalism
TCLEP is a non-profit center funded in large part by the Texas Bar Foundation. Resources on this site include the Texas Disciplinary Rules, Ethics Opinions, A Guide to the Basics of Law Practice, the Ethics Course, and other Texas specific materials.
Law Practice Management Program of the State Bar of Texas
The Law Practice Management Program of the State Bar of Texas offers a number of helpful guides that can help lawyers keep organized and practice efficiently.
ABA Standing Committee on Lawyers’ Professional Liability
The Standing Committee offers a number of important resources for attorneys interested in lawyers professional liability and insurance. A number of materials can be purchased online, including The Lawyer’s Desk Guide to Legal Malpractice.
ABA Center for Professional Responsibility
The Center for Professional Responsibility coordinates most of the ABA’s activities regarding legal ethics. There are usually a couple of commissions or subcommittee working on hot topics, and they will have links on this page. ABA ethics opinions may be available on the site.
ABA Law Practice Management Division
The ABA’s Law Practice Management has many great resources to help with running a law practice.
The ABA Legal Technology and Resource Center
LTEC focuses on law firm hardware and software.
Legalethics.com
This website focuses on ethical aspects of the use of technology by lawyers.
Legal Ethics Forum
This is a blog by law professors who specialize in legal ethics, and provides a good source for current news on ethics.
William Freivogel’s Conflicts Website
This website collects cases on conflicts issues in an easy to use format.
NABRICO Sites
TLIE is a member of the National Association of Bar Related Insurance Companies. The websites for the companies often provide valuable loss prevention advice and forms. If you are an attorney from a state other than Texas, you may want to check with these companies for professional liability and other types of insurance.
Texas Access to Justice Foundation
Lawyers who handle money for their clients must participate in the Interest on Lawyers’ Trust Accounts (IOLTA) Program, by depositing these funds into an IOLTA bank account at an eligible institution. This website tells you how.
Explore Our Continuing Education Resources
Our commitment to helping you succeed includes an investment in your professional development to help safeguard your practice with additional education on how to avoid complaints and claims.